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Partner Clare Milne secures £625,000 for client who underwent a negligently performed knee replacement with a lack of informed consent

On 2nd July 2018, our client underwent a total knee replacement at the Defendant hospital. The client had two tibial screws in her leg as a result of a prior procedure in 2001. Before her knee replacement surgery, she was not appropriately counselled or consented regarding the need to remove those screws. As a consequence, when she came off her crutches and started fully weight bearing, our client developed sudden pain in the tibial region. She was informed that the screw adjacent to the tibial component of her knee replacement had broken and she was offered further surgery to remove it.

On 8th October 2018, our client underwent further surgery to remove both tibial screws. It was noted that the screw was very difficult to remove as the head had sheared off. The surgeon was required to core round the broken screw, leaving a cavity. No prophylactic antibiotics were prescribed. As a consequence, our client then went on to develop an infection in the knee. She required a revision of the left knee replacement in December 2019 but continued to suffer from symptoms of an infected knee.

The Defendant Trust admitted that the tibial screw should have been removed at the time of the total knee replacement. Had it been removed, our client would not have gone on to develop pain around the tibial joint. In addition, she would not have required the additional procedure to remove the screw. But for the admitted negligence, the client would have recovered within the normal time scales and would have retained normal movement, in that she would have been able to kneel and squat.

Even though the Defendant disputed several aspects of our client’s claim, a successful settlement was reached in the sum of £625,000 following a round table settlement meeting.